Bracco’s eligibility for council questioned

Dion Bracco: Felony conviction does not negate serving on City Council, city attorney says 

In response to a Dispatch article printed Friday, which reports that City Councilman and mayoral candidate Dion Bracco has a criminal record that includes a 1990 felony conviction for possession of methamphetamine for sale, Councilman Bob Dillon requested Monday that City Attorney Andy Faber make a formal determination and report to council members on whether Bracco is eligible to serve on City Council.

“My reason for that is not to attack Bracco, whom I’ve supported in three elections and believe has done a good job here,” Dillon continued. “I have some concerns over the legality of it if he’s disqualified, concerning the decisions he has made [as a member of City Council].”

City Attorney Andy Faber replied that Bracco is not disqualified from serving on the council, “based on the facts as we understand them from the [Dispatch] article.”

As the topic could not be discussed any further Monday due to attorney client privileges, Faber said he could report this fact “more fully” to the council in writing.

A memo sent to City Council members would be satisfactory, Dillon said.

Councilman Perry Woodward opted to abstain from any discussion regarding this topic, “given the fact that Bracco and I are both candidates for mayor.”

Faber said Tuesday morning that the city may or may not choose to release the memo to the Dispatch; the document is not considered public because of attorney client privileges. Mayor Al Pinheiro said Tuesday morning the memo cannot be released unless approved by the majority of City Council. 

“I will have no problem in proposing at the next meeting that it be released to the public if we receive it in time,” he said.

Gilroy’s City Charter states that “an elective office becomes vacant when the incumbent … is convicted of a felony,” among other reasons including the person dies, is recalled, violates his official duties or resigns, according to Article IV, Section 406 of the charter.

There are no references in the city charter regarding disclosing felonies or other crimes when running for public office, though individuals applying to work for the city are required to disclose whether or not they have ever been convicted of a felony.

Beyond the city’s charter, current state law does not prevent Bracco from holding public office in Gilroy, according to the Santa Clara County District Attorney’s Public Integrity Unit. State residents with felony convictions are eligible to vote and hold public office in California as long as they are not in prison or on parole, the DA’s office stated. Only a few crimes can be punishable by temporary or permanent bans on holding office – for example, an official having a financial stake in contracts he or she approved, the DA’s office said.